What is minimum wage? The minimum wage in New York is $7.25 per hour.
What is the minimum wage for tipped employees? In New York, tipped employees can be paid $2.13 an hour by an employer, as long as the tips an employee receives, plus their wages, add up to at least minimum wage for every hour worked.
In New York, wages for tipped employees depends on the occupation. Employers can deduct a tip credit from the hourly minimum wage for certain tipped employees, as long as the tips an employee receives plus their wages add up to at least minimum wage for every hour worked.
Tip credits for food service workers Food service workers shall receive a wage of at least $5.00 per hour, and credit for tips shall not exceed $2.25 per hour, provided that the total of tips received plus the wages equals or exceeds $7.25 per hour.
Tip credits for tipped, non-food serviceworkers A service employee shall receive a wage of at least $5.65 per hour, and credit for tips shall not exceed $1.60 per hour, provided that the total of tips received plus the wages equals or exceeds $7.25 per hour. For resort hotels only: a service employee shall receive a wage of at least $4.90 per hour, and credit for tips shall not exceed $2.35 per hour, if the weekly average of tips is at least 4.10 per hour.
What is the New York Spread of Hours pay? New York has a statute called spread of hours pay, which can apply in the restaurant industry when an employer pays a worker at or near minimum wage. The spread of hours is the length of the interval between the beginning and end of an employee’s workday. Usually spread of hours pay can be applied when:
The employee's work day spreads or exceeds 10 hours (from the start of the day to the end of the day, including meal and break times);
When an employee works a split shift with nonconsecutive work hours.
Under New York's spread of hours regulation, employees must be paid one extra hour in addition to his or her hourly wages if the employee works more than 10 hours in one day, regardless of whether such employee received a meal period or other time off duty. Examples of a spread of hours greater than 10 are:
7 a.m. – 10 a.m., 7 p.m. – 10 p.m. = 6 hours worked, but a 15 hour spread. 11:30 a.m. – 3 p.m., 4 p.m. – 10 p.m. = 9 ½ hours worked, but a 10 ½ hour spread.
When am I eligible to earn overtime? In New York, eligible employees should be paid overtime at a rate of one-and-one-half times the employee's regular rate for hours worked in excess of 40 hours in a workweek.
Am I entitled to a lunch or rest break? Yes - 30 minutes for lunch meals for shifts more than 6 hours, a 20-minute meal period between 5 and 7pm, a 60-minute meal period for factory employees. Kennedy Hodges LLP - Active New York Case Konica Minolta - Our firm filed a complaint on behalf of current and former technical support employees (including Customer Technicians, Customer Specialists, and others) against Konica Minolta business solutions USA, Inc.
Disclaimer:The information provided here is for informational purposes only. None of it is intended to give legal advice nor does it establish an client-attorney relationship. The following information may not be updated with changes in the law. You should consult an attorney for information on your specific case.
